ROSE v. A.C. & S., INC.

Nos. 85-3778, 85-3819.

796 F.2d 294 (1986)

Dorothy Marry ROSE, Personal Representative of the Estate of Albert H. Marry, Deceased, Plaintiff, Appellant/Cross-Appellee, v. A.C. & S., INC., et al., Defendants-Appellees, and Raymark Industries, Inc., Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1986.


Attorney(s) appearing for the Case

Richard J. Hilfer, Bangs, Castle, Schnautz & Hilfer, P.S., Seattle, Wash., Alfred Mollin, Dept. of Justice, Washington, D.C., for plaintiff, appellant/cross-appellee.

Eileen Concannon, Garvey, Schubert, Adams & Barer, Seattle, Wash., for A.C. & S., Inc.

Philip A. Talmadge, Karr, Tuttle, Koch, Campbell, Mawer & Morrow, Seattle, Wash., for Raymark.

Before WRIGHT, TANG and REINHARDT, Circuit Judges.


TANG, Circuit Judge:

This case involves a product liability suit against various manufacturers and sellers of asbestos-containing insulation products. Dorothy Marry Rose, widow and personal representative of Albert Marry, who died of asbestosis in April 1976, appeals from the district court's summary judgment dismissing her wrongful death and survival actions as time barred by the Washington three-year statute of limitations. She contends that Washington's discovery...

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